Constitutional History of England, Henry VII to George II. Volume 2 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 2 of 3
Hallam, Henry
Constitutional history -- Great Britain
_The anti-pacific party gain the ascendant at Westminster._--These
factions were now become finally predominant at Westminster. On the
news that Prince Rupert had taken Bristol, the last and most serious
loss that the parliament sustained, the Lords agreed on propositions
for peace to be sent to the king, of an unusually moderate tone.[257]
The Commons, on a division of 94 to 65, determined to take them into
consideration; but the lord mayor Pennington having procured an
address of the city against peace, backed by a tumultuous mob, a small
majority was obtained against concurring with the other house.[258]
It was after this that the Lords above-mentioned, as well as many of
the Commons, quitted Westminster. The prevailing party had no thoughts
of peace, till they could dictate its conditions. Through Essex's
great success in raising the siege of Glocester, the most
distinguished exploit in his military life, and the battle of Newbury
wherein the advantage was certainly theirs, they became secure against
any important attack on the king's side, the war turning again to
endless sieges and skirmishes of partisans. And they now adopted two
important measures, one of which gave a new complexion to the quarrel.
Littleton, the lord keeper of the great seal, had carried it away with
him to the king. This of itself put a stop to the regular course of
the executive government, and to the administration of justice within
the parliament's quarters. No employments could be filled up, no writs
for election of members issued, no commissions for holding the assizes
completed without the indispensable formality of affixing the great
seal. It must surely excite a smile, that men who had raised armies,
and fought battles against the king, should be perplexed how to get
over so technical a difficulty. But the great seal in the eyes of
English lawyers, has a sort of mysterious efficacy, and passes for the
depository of royal authority in a higher degree than the person of
the king.
_The parliament makes a new great seal._--The Commons prepared an
ordinance in July for making a new great seal, in which the Lords
could not be induced to concur till October. The royalists, and the
king himself, exclaimed against this as the most audacious treason,
though it may be reckoned a very natural consequence of the state in
which the parliament was placed; and in the subsequent negotiations,
it was one of the minor points in dispute whether he should authorise
the proceedings under the great seal of the two houses, or they
consent to sanction what had been done by virtue of his own.
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